Illinois General Assembly - Full Text of HB4423
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Full Text of HB4423  100th General Assembly

HB4423 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4423

 

Introduced , by Rep. John Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2018. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4423LRB100 15649 RLC 30750 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2018.
 
6    Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a certificate
10indicating he or she will not seek the death penalty or stated
11on the record in open court that the death penalty will not be
12sought, the trial court shall immediately appoint the Public
13Defender, or any other qualified attorney or attorneys as the
14Illinois Supreme Court shall by rule provide, to represent the
15defendant as trial counsel. If the Public Defender is
16appointed, he or she shall immediately assign the attorney or
17attorneys who are public defenders to represent the defendant.
18The counsel shall meet the qualifications as the Supreme Court
19shall by rule provide. At the request of court appointed
20counsel in a case in which the death penalty is sought,
21attorneys employed by the State Appellate Defender may enter an
22appearance for the limited purpose of assisting counsel
23appointed under this Section.
 

 

 

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1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10    (a-5) Litigation budget.
11        (1) In a case in which the State has filed a statement
12    of intent to seek the death penalty, the court shall
13    require appointed counsel, including those appointed in
14    Cook County, after counsel has had adequate time to review
15    the case and prior to engaging trial assistance, to submit
16    a proposed estimated litigation budget for court approval,
17    that will be subject to modification in light of facts and
18    developments that emerge as the case proceeds. Case budgets
19    should be submitted ex parte and filed and maintained under
20    seal in order to protect the defendant's right to effective
21    assistance of counsel, right not to incriminate him or
22    herself and all applicable privileges. Case budgets shall
23    be reviewed and approved by the judge assigned to try the
24    case. As provided under subsection (c) of this Section,
25    petitions for compensation shall be reviewed by both the

 

 

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1    trial judge and the presiding judge or the presiding
2    judge's designee.
3        (2) The litigation budget shall serve purposes
4    comparable to those of private retainer agreements by
5    confirming both the court's and the attorney's
6    expectations regarding fees and expenses. Consideration
7    should be given to employing an ex parte pretrial
8    conference in order to facilitate reaching agreement on a
9    litigation budget at the earliest opportunity.
10        (3) The budget shall be incorporated into a sealed
11    initial pretrial order that reflects the understandings of
12    the court and counsel regarding all matters affecting
13    counsel compensation and reimbursement and payments for
14    investigative, expert and other services, including but
15    not limited to the following matters:
16            (A) the hourly rate at which counsel will be
17        compensated;
18            (B) the hourly rate at which private
19        investigators, other than investigators employed by
20        the Office of the State Appellate Defender, will be
21        compensated; and
22            (C) the best preliminary estimate that can be made
23        of the cost of all services, including, but not limited
24        to, counsel, expert, and investigative services, that
25        are likely to be needed through the guilt and penalty
26        phases of the trial. The court shall have discretion to

 

 

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1        require that budgets be prepared for shorter intervals
2        of time.
3        (4) Appointed counsel may obtain, subject to later
4    review, investigative, expert, or other services without
5    prior authorization if necessary for an adequate defense.
6    If the services are obtained, the presiding judge or the
7    presiding judge's designee shall consider in an ex parte
8    proceeding that timely procurement of necessary services
9    could not await prior authorization. If an ex parte hearing
10    is requested by defense counsel or deemed necessary by the
11    trial judge prior to modifying a budget, the ex parte
12    hearing shall be before the presiding judge or the
13    presiding judge's designee. The judge may then authorize
14    the services nunc pro tunc. If the presiding judge or the
15    presiding judge's designee finds that the services were not
16    reasonable, payment may be denied.
17        (5) An approved budget shall guide counsel's use of
18    time and resources by indicating the services for which
19    compensation is authorized. The case budget shall be
20    re-evaluated when justified by changed or unexpected
21    circumstances and shall be modified by the court when
22    reasonable and necessary for an adequate defense. If an ex
23    parte hearing is requested by defense counsel or deemed
24    necessary by the trial judge prior to modifying a budget,
25    the ex parte hearing shall be before the presiding judge or
26    the presiding judge's designee.

 

 

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1    (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the average
16change in prices of goods and services purchased by all urban
17consumers, United States city average, all items, 1982-84=100.
18The new rate resulting from each annual adjustment shall be
19determined by the State Treasurer and made available to the
20chief judge of each judicial circuit.
21    (c) Appointed trial counsel may also petition the court for
22certification of expenses for reasonable and necessary capital
23litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

 

 

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1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil Procedure.
4A provider of proposed services must also specify (1) his or
5her hourly rate; (2) the hourly rate of anyone else in his or
6her employ for whom reimbursement is sought; and (3) the hourly
7rate of any person or entity that may be subcontracted to
8perform these services. Counsel may not petition for
9certification of expenses that may have been provided or
10compensated by the State Appellate Defender under paragraph
11(5.1) of subsection (c) of Section 10 of the State Appellate
12Defender Act. The petitions shall be filed under seal and
13considered ex parte but with a court reporter present for all
14ex parte conferences. If the requests are submitted after
15services have been rendered, the requests shall be supported by
16an invoice describing the services rendered, the dates the
17services were performed and the amount of time spent. These
18petitions shall be reviewed by both the trial judge and the
19presiding judge of the circuit court or the presiding judge's
20designee. The petitions and orders shall be kept under seal and
21shall be exempt from Freedom of Information requests until the
22conclusion of the trial, even if the prosecution chooses not to
23pursue the death penalty prior to trial or sentencing. If an ex
24parte hearing is requested by defense counsel or deemed
25necessary by the trial judge, the hearing shall be before the
26presiding judge or the presiding judge's designee.

 

 

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1    (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done, and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court must
8certify reasonable and necessary expenses of the petitioner for
9travel and per diem (lodging, meals, and incidental expenses).
10These expenses must be paid at the rate as promulgated by the
11United States General Services Administration for these
12expenses for the date and location in which they were incurred,
13unless extraordinary reasons are shown for the difference. The
14petitions shall be filed under seal and considered ex parte but
15with a court reporter present for all ex parte conferences. The
16petitions shall be reviewed by both the trial judge and the
17presiding judge of the circuit court or the presiding judge's
18designee. If an ex parte hearing is requested by defense
19counsel or deemed necessary by the trial judge, the ex parte
20hearing shall be before the presiding judge or the presiding
21judge's designee. If the court determines that the compensation
22and expenses should be paid from the Capital Litigation Trust
23Fund, the court shall certify, on a form created by the State
24Treasurer, that all or a designated portion of the amount
25requested is reasonable, necessary, and appropriate for
26payment from the Trust Fund. The form must also be signed by

 

 

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1lead trial counsel under the provisions of Section 1-109 of the
2Code of Civil Procedure verifying that the amount requested is
3reasonable, necessary, and appropriate. Bills submitted for
4payment by any individual or entity seeking payment from the
5Capital Litigation Trust Fund must also be accompanied by a
6form created by the State Treasurer and signed by the
7individual or responsible agent of the entity under the
8provisions of Section 1-109 of the Code of Civil Procedure that
9the amount requested is accurate and truthful and reflects time
10spent or expenses incurred. Certification of compensation and
11expenses by a court in any county other than Cook County shall
12be delivered by the court to the State Treasurer and must be
13paid by the State Treasurer directly from the Capital
14Litigation Trust Fund if there are sufficient moneys in the
15Trust Fund to pay the compensation and expenses. If the State
16Treasurer finds within 14 days of his or her receipt of a
17certification that the compensation and expenses to be paid are
18unreasonable, unnecessary, or inappropriate, he or she may
19return the certification to the court setting forth in detail
20the objection or objections with a request for the court to
21review the objection or objections before resubmitting the
22certification. The State Treasurer must send the claimant a
23copy of the objection or objections. The State Treasurer may
24only seek a review of a specific objection once. The claimant
25has 7 days from his or her receipt of the objections to file a
26response with the court. With or without further hearing, the

 

 

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1court must promptly rule on the objections. The petitions and
2orders shall be kept under seal and shall be exempt from
3Freedom of Information requests until the conclusion of the
4trial and appeal of the case, even if the prosecution chooses
5not to pursue the death penalty prior to trial or sentencing.
6Certification of compensation and expenses by a court in Cook
7County shall be delivered by the court to the county treasurer
8and paid by the county treasurer from moneys granted to the
9county from the Capital Litigation Trust Fund.
 
10    Section 15. Capital Litigation Trust Fund.
11    (a) The Capital Litigation Trust Fund is created as a
12special fund in the State Treasury. The Trust Fund shall be
13administered by the State Treasurer to provide moneys for the
14appropriations to be made, grants to be awarded, and
15compensation and expenses to be paid under this Act. All
16interest earned from the investment or deposit of moneys
17accumulated in the Trust Fund shall, under Section 4.1 of the
18State Finance Act, be deposited into the Trust Fund.
19    (b) Moneys deposited into the Trust Fund shall not be
20considered general revenue of the State of Illinois.
21    (c) Moneys deposited into the Trust Fund shall be used
22exclusively for the purposes of providing funding for the
23prosecution and defense of capital cases and for providing
24funding for post-conviction proceedings in capital cases under
25Article 122 of the Code of Criminal Procedure of 1963 and in

 

 

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1relation to petitions filed under Section 2-1401 of the Code of
2Civil Procedure in relation to capital cases as provided in
3this Act and shall not be appropriated, loaned, or in any
4manner transferred to the General Revenue Fund of the State of
5Illinois.
6    (d) Every fiscal year the State Treasurer shall transfer
7from the General Revenue Fund to the Capital Litigation Trust
8Fund an amount equal to the full amount of moneys appropriated
9by the General Assembly (both by original and supplemental
10appropriation), less any unexpended balance from the previous
11fiscal year, from the Capital Litigation Trust Fund for the
12specific purpose of making funding available for the
13prosecution and defense of capital cases and for the litigation
14expenses associated with post-conviction proceedings in
15capital cases under Article 122 of the Code of Criminal
16Procedure of 1963 and in relation to petitions filed under
17Section 2-1401 of the Code of Civil Procedure in relation to
18capital cases. The Public Defender and State's Attorney in Cook
19County, the State Appellate Defender, the Office of the State's
20Attorneys Appellate Prosecutor, and the Attorney General shall
21make annual requests for appropriations from the Trust Fund.
22        (1) The Public Defender in Cook County shall request
23    appropriations to the State Treasurer for expenses
24    incurred by the Public Defender and for funding for private
25    appointed defense counsel in Cook County.
26        (2) The State's Attorney in Cook County shall request

 

 

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1    an appropriation to the State Treasurer for expenses
2    incurred by the State's Attorney.
3        (3) The State Appellate Defender shall request a direct
4    appropriation from the Trust Fund for expenses incurred by
5    the State Appellate Defender in providing assistance to
6    trial attorneys under paragraph (5.1) of subsection (c) of
7    Section 10 of the State Appellate Defender Act and for
8    expenses incurred by the State Appellate Defender in
9    representing petitioners in capital cases in
10    post-conviction proceedings under Article 122 of the Code
11    of Criminal Procedure of 1963 and in relation to petitions
12    filed under Section 2-1401 of the Code of Civil Procedure
13    in relation to capital cases and for the representation of
14    those petitioners by attorneys approved by or contracted
15    with the State Appellate Defender and an appropriation to
16    the State Treasurer for payments from the Trust Fund for
17    the defense of cases in counties other than Cook County.
18        (4) The State's Attorneys Appellate Prosecutor shall
19    request a direct appropriation from the Trust Fund to pay
20    expenses incurred by the State's Attorneys Appellate
21    Prosecutor and an appropriation to the State Treasurer for
22    payments from the Trust Fund for expenses incurred by
23    State's Attorneys in counties other than Cook County.
24        (5) The Attorney General shall request a direct
25    appropriation from the Trust Fund to pay expenses incurred
26    by the Attorney General in assisting the State's Attorneys

 

 

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1    in counties other than Cook County and to pay for expenses
2    incurred by the Attorney General when the Attorney General
3    is ordered by the presiding judge of the Criminal Division
4    of the Circuit Court of Cook County to prosecute or
5    supervise the prosecution of Cook County cases and for
6    expenses incurred by the Attorney General in representing
7    the State in post-conviction proceedings in capital cases
8    under Article 122 of the Code of Criminal Procedure of 1963
9    and in relation to petitions filed under Section 2-1401 of
10    the Code of Civil Procedure in relation to capital cases.
11    The Public Defender and State's Attorney in Cook County,
12    the State Appellate Defender, the State's Attorneys
13    Appellate Prosecutor, and the Attorney General may each
14    request supplemental appropriations from the Trust Fund
15    during the fiscal year.
16    (e) Moneys in the Trust Fund shall be expended only as
17follows:
18        (1) To pay the State Treasurer's costs to administer
19    the Trust Fund. The amount for this purpose may not exceed
20    5% in any one fiscal year of the amount otherwise
21    appropriated from the Trust Fund in the same fiscal year.
22        (2) To pay the capital litigation expenses of trial
23    defense and post-conviction proceedings in capital cases
24    under Article 122 of the Code of Criminal Procedure of 1963
25    and in relation to petitions filed under Section 2-1401 of
26    the Code of Civil Procedure in relation to capital cases

 

 

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1    including, but not limited to, DNA testing, including DNA
2    testing under Section 116-3 of the Code of Criminal
3    Procedure of 1963, analysis, and expert testimony,
4    investigatory and other assistance, expert, forensic, and
5    other witnesses, and mitigation specialists, and grants
6    and aid provided to public defenders, appellate defenders,
7    and any attorney approved by or contracted with the State
8    Appellate Defender representing petitioners in
9    post-conviction proceedings in capital cases under Article
10    122 of the Code of Criminal Procedure of 1963 and in
11    relation to petitions filed under Section 2-1401 of the
12    Code of Civil Procedure in relation to capital cases or
13    assistance to attorneys who have been appointed by the
14    court to represent defendants who are charged with capital
15    crimes. Reasonable and necessary capital litigation
16    expenses include travel and per diem (lodging, meals, and
17    incidental expenses).
18        (3) To pay the compensation of trial attorneys, other
19    than public defenders or appellate defenders, who have been
20    appointed by the court to represent defendants who are
21    charged with capital crimes or attorneys approved by or
22    contracted with the State Appellate Defender to represent
23    petitioners in post-conviction proceedings in capital
24    cases under Article 122 of the Code of Criminal Procedure
25    of 1963 and in relation to petitions filed under Section
26    2-1401 of the Code of Civil Procedure in relation to

 

 

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1    capital cases.
2        (4) To provide State's Attorneys with funding for
3    capital litigation expenses and for expenses of
4    representing the State in post-conviction proceedings in
5    capital cases under Article 122 of the Code of Criminal
6    Procedure of 1963 and in relation to petitions filed under
7    Section 2-1401 of the Code of Civil Procedure in relation
8    to capital cases including, but not limited to,
9    investigatory and other assistance and expert, forensic,
10    and other witnesses necessary to prosecute capital cases.
11    State's Attorneys in any county other than Cook County
12    seeking funding for capital litigation expenses and for
13    expenses of representing the State in post-conviction
14    proceedings in capital cases under Article 122 of the Code
15    of Criminal Procedure of 1963 and in relation to petitions
16    filed under Section 2-1401 of the Code of Civil Procedure
17    in relation to capital cases including, but not limited to,
18    investigatory and other assistance and expert, forensic,
19    or other witnesses under this Section may request that the
20    State's Attorneys Appellate Prosecutor or the Attorney
21    General, as the case may be, certify the expenses as
22    reasonable, necessary, and appropriate for payment from
23    the Trust Fund, on a form created by the State Treasurer.
24    Upon certification of the expenses and delivery of the
25    certification to the State Treasurer, the Treasurer shall
26    pay the expenses directly from the Capital Litigation Trust

 

 

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1    Fund if there are sufficient moneys in the Trust Fund to
2    pay the expenses.
3        (5) To provide financial support through the Attorney
4    General under the Attorney General Act for the several
5    county State's Attorneys outside of Cook County, but shall
6    not be used to increase personnel for the Attorney
7    General's Office, except when the Attorney General is
8    ordered by the presiding judge of the Criminal Division of
9    the Circuit Court of Cook County to prosecute or supervise
10    the prosecution of Cook County cases.
11        (6) To provide financial support through the Office of
12    the State's Attorneys Appellate Prosecutor under the
13    State's Attorneys Appellate Prosecutor's Act for the
14    several county State's Attorneys outside of Cook County,
15    but shall not be used to increase personnel for the Office
16    of the State's Attorneys Appellate Prosecutor.
17        (7) To provide financial support to the State Appellate
18    Defender under the State Appellate Defender Act. Moneys
19    expended from the Trust Fund shall be in addition to county
20    funding for Public Defenders and State's Attorneys, and
21    shall not be used to supplant or reduce ordinary and
22    customary county funding.
23    (f) Moneys in the Trust Fund shall be appropriated to the
24State Appellate Defender, the Office of the State's Attorneys
25Appellate Prosecutor, the Attorney General, and the State
26Treasurer. The State Appellate Defender shall receive an

 

 

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1appropriation from the Trust Fund to enable it to provide
2assistance to appointed defense counsel and attorneys approved
3by or contracted with the State Appellate Defender to represent
4petitioners in post-conviction proceedings in capital cases
5under Article 122 of the Code of Criminal Procedure of 1963 and
6in relation to petitions filed under Section 2-1401 of the Code
7of Civil Procedure in relation to capital cases throughout the
8State and to Public Defenders in counties other than Cook. The
9Office of the State's Attorneys Appellate Prosecutor and the
10Attorney General shall receive appropriations from the Trust
11Fund to enable them to provide assistance to State's Attorneys
12in counties other than Cook County and when the Attorney
13General is ordered by the presiding judge of the Criminal
14Division of the Circuit Court of Cook County to prosecute or
15supervise the prosecution of Cook County cases. Moneys shall be
16appropriated to the State Treasurer to enable the Treasurer (i)
17to make grants to Cook County, (ii) to pay the expenses of
18Public Defenders, the State Appellate Defender, the Attorney
19General, the Office of the State's Attorneys Appellate
20Prosecutor, and State's Attorneys in counties other than Cook
21County, (iii) to pay the expenses and compensation of appointed
22defense counsel and attorneys approved by or contracted with
23the State Appellate Defender to represent petitioners in
24post-conviction proceedings in capital cases under Article 122
25of the Code of Criminal Procedure of 1963 and in relation to
26petitions filed under Section 2-1401 of the Code of Civil

 

 

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1Procedure in relation to capital cases in counties other than
2Cook County, and (iv) to pay the costs of administering the
3Trust Fund. All expenditures and grants made from the Trust
4Fund shall be subject to audit by the Auditor General.
5    (g) For Cook County, grants from the Trust Fund shall be
6made and administered as follows:
7        (1) For each State fiscal year, the State's Attorney
8    and Public Defender must each make a separate application
9    to the State Treasurer for capital litigation grants.
10        (2) The State Treasurer shall establish rules and
11    procedures for grant applications. The rules shall require
12    the Cook County Treasurer as the grant recipient to report
13    on a periodic basis to the State Treasurer how much of the
14    grant has been expended, how much of the grant is
15    remaining, and the purposes for which the grant has been
16    used. The rules may also require the Cook County Treasurer
17    to certify on a periodic basis that expenditures of the
18    funds have been made for expenses that are reasonable,
19    necessary, and appropriate for payment from the Trust Fund.
20        (3) The State Treasurer shall make the grants to the
21    Cook County Treasurer as soon as possible after the
22    beginning of the State fiscal year.
23        (4) The State's Attorney or Public Defender may apply
24    for supplemental grants during the fiscal year.
25        (5) Grant moneys shall be paid to the Cook County
26    Treasurer in block grants and held in separate accounts for

 

 

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1    the State's Attorney, the Public Defender, and court
2    appointed defense counsel other than the Cook County Public
3    Defender, respectively, for the designated fiscal year,
4    and are not subject to county appropriation.
5        (6) Expenditure of grant moneys under this subsection
6    (g) is subject to audit by the Auditor General.
7        (7) The Cook County Treasurer shall immediately make
8    payment from the appropriate separate account in the county
9    treasury for capital litigation expenses to the State's
10    Attorney, Public Defender, or court appointed defense
11    counsel other than the Public Defender, as the case may be,
12    upon order of the State's Attorney, Public Defender or the
13    court, respectively.
14    (h) If a defendant in a capital case in Cook County is
15represented by court appointed counsel other than the Cook
16County Public Defender, the appointed counsel shall petition
17the court for an order directing the Cook County Treasurer to
18pay the court appointed counsel's reasonable and necessary
19compensation and capital litigation expenses from grant moneys
20provided from the Trust Fund. The petitions shall be supported
21by itemized bills showing the date, the amount of time spent,
22the work done and the total being charged for each entry. The
23court shall not authorize payment of bills that are not
24properly itemized. The petitions shall be filed under seal and
25considered ex parte but with a court reporter present for all
26ex parte conferences. The petitions shall be reviewed by both

 

 

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1the trial judge and the presiding judge of the circuit court or
2the presiding judge's designee. The petitions and orders shall
3be kept under seal and shall be exempt from Freedom of
4Information requests until the conclusion of the trial and
5appeal of the case, even if the prosecution chooses not to
6pursue the death penalty prior to trial or sentencing. Orders
7denying petitions for compensation or expenses are final.
8Counsel may not petition for expenses that may have been
9provided or compensated by the State Appellate Defender under
10paragraph (5.1) of subsection (c) of Section 10 of the State
11Appellate Defender Act.
12    (i) In counties other than Cook County, and when the
13Attorney General is ordered by the presiding judge of the
14Criminal Division of the Circuit Court of Cook County to
15prosecute or supervise the prosecution of Cook County cases,
16and excluding capital litigation expenses or services that may
17have been provided by the State Appellate Defender under
18paragraph (5.1) of subsection (c) of Section 10 of the State
19Appellate Defender Act:
20        (1) Upon certification by the circuit court, on a form
21    created by the State Treasurer, that all or a portion of
22    the expenses are reasonable, necessary, and appropriate
23    for payment from the Trust Fund and the court's delivery of
24    the certification to the Treasurer, the Treasurer shall pay
25    the certified expenses of Public Defenders and the State
26    Appellate Defender from the money appropriated to the

 

 

HB4423- 20 -LRB100 15649 RLC 30750 b

1    Treasurer for capital litigation expenses of Public
2    Defenders and post-conviction proceeding expenses in
3    capital cases of the State Appellate Defender and expenses
4    in relation to petitions filed under Section 2-1401 of the
5    Code of Civil Procedure in relation to capital cases in any
6    county other than Cook County, if there are sufficient
7    moneys in the Trust Fund to pay the expenses.
8        (2) If a defendant in a capital case is represented by
9    court appointed counsel other than the Public Defender, the
10    appointed counsel shall petition the court to certify
11    compensation and capital litigation expenses including,
12    but not limited to, investigatory and other assistance,
13    expert, forensic, and other witnesses, and mitigation
14    specialists as reasonable, necessary, and appropriate for
15    payment from the Trust Fund. If a petitioner in a capital
16    case who has filed a petition for post-conviction relief
17    under Article 122 of the Code of Criminal Procedure of 1963
18    or a petition under Section 2-1401 of the Code of Civil
19    Procedure in relation to capital cases is represented by an
20    attorney approved by or contracted with the State Appellate
21    Defender other than the State Appellate Defender, that
22    attorney shall petition the court to certify compensation
23    and litigation expenses of post-conviction proceedings
24    under Article 122 of the Code of Criminal Procedure of 1963
25    or in relation to petitions filed under Section 2-1401 of
26    the Code of Civil Procedure in relation to capital cases.

 

 

HB4423- 21 -LRB100 15649 RLC 30750 b

1    Upon certification on a form created by the State Treasurer
2    of all or a portion of the compensation and expenses
3    certified as reasonable, necessary, and appropriate for
4    payment from the Trust Fund and the court's delivery of the
5    certification to the Treasurer, the State Treasurer shall
6    pay the certified compensation and expenses from the money
7    appropriated to the Treasurer for that purpose, if there
8    are sufficient moneys in the Trust Fund to make those
9    payments.
10        (3) A petition for capital litigation expenses or
11    post-conviction proceeding expenses or expenses incurred
12    in filing a petition under Section 2-1401 of the Code of
13    Civil Procedure in relation to capital cases under this
14    subsection shall be considered under seal and reviewed ex
15    parte with a court reporter present. Orders denying
16    petitions for compensation or expenses are final.
17    (j) If the Trust Fund is discontinued or dissolved by an
18Act of the General Assembly or by operation of law, any balance
19remaining in the Trust Fund shall be returned to the General
20Revenue Fund after deduction of administrative costs, any other
21provision of this Act to the contrary notwithstanding.
 
22    Section 100. The Freedom of Information Act is amended by
23changing Section 7.5 as follows:
 
24    (5 ILCS 140/7.5)

 

 

HB4423- 22 -LRB100 15649 RLC 30750 b

1    (Text of Section before amendment by P.A. 100-512 and
2100-517)
3    Sec. 7.5. Statutory exemptions. To the extent provided for
4by the statutes referenced below, the following shall be exempt
5from inspection and copying:
6        (a) All information determined to be confidential
7    under Section 4002 of the Technology Advancement and
8    Development Act.
9        (b) Library circulation and order records identifying
10    library users with specific materials under the Library
11    Records Confidentiality Act.
12        (c) Applications, related documents, and medical
13    records received by the Experimental Organ Transplantation
14    Procedures Board and any and all documents or other records
15    prepared by the Experimental Organ Transplantation
16    Procedures Board or its staff relating to applications it
17    has received.
18        (d) Information and records held by the Department of
19    Public Health and its authorized representatives relating
20    to known or suspected cases of sexually transmissible
21    disease or any information the disclosure of which is
22    restricted under the Illinois Sexually Transmissible
23    Disease Control Act.
24        (e) Information the disclosure of which is exempted
25    under Section 30 of the Radon Industry Licensing Act.
26        (f) Firm performance evaluations under Section 55 of

 

 

HB4423- 23 -LRB100 15649 RLC 30750 b

1    the Architectural, Engineering, and Land Surveying
2    Qualifications Based Selection Act.
3        (g) Information the disclosure of which is restricted
4    and exempted under Section 50 of the Illinois Prepaid
5    Tuition Act.
6        (h) Information the disclosure of which is exempted
7    under the State Officials and Employees Ethics Act, and
8    records of any lawfully created State or local inspector
9    general's office that would be exempt if created or
10    obtained by an Executive Inspector General's office under
11    that Act.
12        (i) Information contained in a local emergency energy
13    plan submitted to a municipality in accordance with a local
14    emergency energy plan ordinance that is adopted under
15    Section 11-21.5-5 of the Illinois Municipal Code.
16        (j) Information and data concerning the distribution
17    of surcharge moneys collected and remitted by carriers
18    under the Emergency Telephone System Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

HB4423- 24 -LRB100 15649 RLC 30750 b

1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the Capital
8    Crimes Litigation Act. This subsection (n) shall apply
9    until the conclusion of the trial of the case, even if the
10    prosecution chooses not to pursue the death penalty prior
11    to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Regional Transportation Authority under Section 2.11 of
19    the Regional Transportation Authority Act or the St. Clair
20    County Transit District under the Bi-State Transit Safety
21    Act.
22        (q) Information prohibited from being disclosed by the
23    Personnel Records Review Act.
24        (r) Information prohibited from being disclosed by the
25    Illinois School Student Records Act.
26        (s) Information the disclosure of which is restricted

 

 

HB4423- 25 -LRB100 15649 RLC 30750 b

1    under Section 5-108 of the Public Utilities Act.
2        (t) All identified or deidentified health information
3    in the form of health data or medical records contained in,
4    stored in, submitted to, transferred by, or released from
5    the Illinois Health Information Exchange, and identified
6    or deidentified health information in the form of health
7    data and medical records of the Illinois Health Information
8    Exchange in the possession of the Illinois Health
9    Information Exchange Authority due to its administration
10    of the Illinois Health Information Exchange. The terms
11    "identified" and "deidentified" shall be given the same
12    meaning as in the Health Insurance Portability and
13    Accountability Act of 1996, Public Law 104-191, or any
14    subsequent amendments thereto, and any regulations
15    promulgated thereunder.
16        (u) Records and information provided to an independent
17    team of experts under Brian's Law.
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act or applied for
21    or received a concealed carry license under the Firearm
22    Concealed Carry Act, unless otherwise authorized by the
23    Firearm Concealed Carry Act; and databases under the
24    Firearm Concealed Carry Act, records of the Concealed Carry
25    Licensing Review Board under the Firearm Concealed Carry
26    Act, and law enforcement agency objections under the

 

 

HB4423- 26 -LRB100 15649 RLC 30750 b

1    Firearm Concealed Carry Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of an
14    eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Information which is or was prohibited from
23    disclosure by the Juvenile Court Act of 1987.
24        (cc) Recordings made under the Law Enforcement
25    Officer-Worn Body Camera Act, except to the extent
26    authorized under that Act.

 

 

HB4423- 27 -LRB100 15649 RLC 30750 b

1        (dd) Information that is prohibited from being
2    disclosed under Section 45 of the Condominium and Common
3    Interest Community Ombudsperson Act.
4        (ee) Information that is exempted from disclosure
5    under Section 30.1 of the Pharmacy Practice Act.
6        (ff) Information that is exempted from disclosure
7    under the Revised Uniform Unclaimed Property Act.
8        (gg) (ff) Information that is prohibited from being
9    disclosed under Section 7-603.5 of the Illinois Vehicle
10    Code.
11        (hh) (ff) Records that are exempt from disclosure under
12    Section 1A-16.7 of the Election Code.
13        (ii) (ff) Information which is exempted from
14    disclosure under Section 2505-800 of the Department of
15    Revenue Law of the Civil Administrative Code of Illinois.
16(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
17eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
19100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
208-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
21    (Text of Section after amendment by P.A. 100-517 but before
22amendment by P.A. 100-512)
23    Sec. 7.5. Statutory exemptions. To the extent provided for
24by the statutes referenced below, the following shall be exempt
25from inspection and copying:

 

 

HB4423- 28 -LRB100 15649 RLC 30750 b

1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other records
10    prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmissible
16    disease or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmissible
18    Disease Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

HB4423- 29 -LRB100 15649 RLC 30750 b

1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a local
9    emergency energy plan ordinance that is adopted under
10    Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

HB4423- 30 -LRB100 15649 RLC 30750 b

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the Capital
3    Crimes Litigation Act. This subsection (n) shall apply
4    until the conclusion of the trial of the case, even if the
5    prosecution chooses not to pursue the death penalty prior
6    to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Regional Transportation Authority under Section 2.11 of
14    the Regional Transportation Authority Act or the St. Clair
15    County Transit District under the Bi-State Transit Safety
16    Act.
17        (q) Information prohibited from being disclosed by the
18    Personnel Records Review Act.
19        (r) Information prohibited from being disclosed by the
20    Illinois School Student Records Act.
21        (s) Information the disclosure of which is restricted
22    under Section 5-108 of the Public Utilities Act.
23        (t) All identified or deidentified health information
24    in the form of health data or medical records contained in,
25    stored in, submitted to, transferred by, or released from
26    the Illinois Health Information Exchange, and identified

 

 

HB4423- 31 -LRB100 15649 RLC 30750 b

1    or deidentified health information in the form of health
2    data and medical records of the Illinois Health Information
3    Exchange in the possession of the Illinois Health
4    Information Exchange Authority due to its administration
5    of the Illinois Health Information Exchange. The terms
6    "identified" and "deidentified" shall be given the same
7    meaning as in the Health Insurance Portability and
8    Accountability Act of 1996, Public Law 104-191, or any
9    subsequent amendments thereto, and any regulations
10    promulgated thereunder.
11        (u) Records and information provided to an independent
12    team of experts under Brian's Law.
13        (v) Names and information of people who have applied
14    for or received Firearm Owner's Identification Cards under
15    the Firearm Owners Identification Card Act or applied for
16    or received a concealed carry license under the Firearm
17    Concealed Carry Act, unless otherwise authorized by the
18    Firearm Concealed Carry Act; and databases under the
19    Firearm Concealed Carry Act, records of the Concealed Carry
20    Licensing Review Board under the Firearm Concealed Carry
21    Act, and law enforcement agency objections under the
22    Firearm Concealed Carry Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure

 

 

HB4423- 32 -LRB100 15649 RLC 30750 b

1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of an
9    eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.

 

 

HB4423- 33 -LRB100 15649 RLC 30750 b

1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) (ff) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) (ff) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) (ff) Information which is exempted from
9    disclosure under Section 2505-800 of the Department of
10    Revenue Law of the Civil Administrative Code of Illinois.
11        (jj) (ff) Information and reports that are required to
12    be submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
17eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1899-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
19100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
208-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
2111-2-17.)
 
22    (Text of Section after amendment by P.A. 100-512)
23    Sec. 7.5. Statutory exemptions. To the extent provided for
24by the statutes referenced below, the following shall be exempt
25from inspection and copying:

 

 

HB4423- 34 -LRB100 15649 RLC 30750 b

1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other records
10    prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmissible
16    disease or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmissible
18    Disease Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

HB4423- 35 -LRB100 15649 RLC 30750 b

1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a local
9    emergency energy plan ordinance that is adopted under
10    Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

HB4423- 36 -LRB100 15649 RLC 30750 b

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the Capital
3    Crimes Litigation Act of 2018. This subsection (n) shall
4    apply until the conclusion of the trial of the case, even
5    if the prosecution chooses not to pursue the death penalty
6    prior to trial or sentencing.
7        (o) Information that is prohibited from being
8    disclosed under Section 4 of the Illinois Health and
9    Hazardous Substances Registry Act.
10        (p) Security portions of system safety program plans,
11    investigation reports, surveys, schedules, lists, data, or
12    information compiled, collected, or prepared by or for the
13    Regional Transportation Authority under Section 2.11 of
14    the Regional Transportation Authority Act or the St. Clair
15    County Transit District under the Bi-State Transit Safety
16    Act.
17        (q) Information prohibited from being disclosed by the
18    Personnel Records Review Act.
19        (r) Information prohibited from being disclosed by the
20    Illinois School Student Records Act.
21        (s) Information the disclosure of which is restricted
22    under Section 5-108 of the Public Utilities Act.
23        (t) All identified or deidentified health information
24    in the form of health data or medical records contained in,
25    stored in, submitted to, transferred by, or released from
26    the Illinois Health Information Exchange, and identified

 

 

HB4423- 37 -LRB100 15649 RLC 30750 b

1    or deidentified health information in the form of health
2    data and medical records of the Illinois Health Information
3    Exchange in the possession of the Illinois Health
4    Information Exchange Authority due to its administration
5    of the Illinois Health Information Exchange. The terms
6    "identified" and "deidentified" shall be given the same
7    meaning as in the Health Insurance Portability and
8    Accountability Act of 1996, Public Law 104-191, or any
9    subsequent amendments thereto, and any regulations
10    promulgated thereunder.
11        (u) Records and information provided to an independent
12    team of experts under Brian's Law.
13        (v) Names and information of people who have applied
14    for or received Firearm Owner's Identification Cards under
15    the Firearm Owners Identification Card Act or applied for
16    or received a concealed carry license under the Firearm
17    Concealed Carry Act, unless otherwise authorized by the
18    Firearm Concealed Carry Act; and databases under the
19    Firearm Concealed Carry Act, records of the Concealed Carry
20    Licensing Review Board under the Firearm Concealed Carry
21    Act, and law enforcement agency objections under the
22    Firearm Concealed Carry Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure

 

 

HB4423- 38 -LRB100 15649 RLC 30750 b

1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of an
9    eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.

 

 

HB4423- 39 -LRB100 15649 RLC 30750 b

1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) (ff) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) (ff) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) (ff) Information which is exempted from disclosure
9    under Section 2505-800 of the Department of Revenue Law of
10    the Civil Administrative Code of Illinois.
11        (jj) (ff) Information and reports that are required to
12    be submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16        (kk) (ff) Information prohibited from disclosure under
17    the Seizure and Forfeiture Reporting Act.
18(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
19eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2099-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
21100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
228-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
23eff. 6-1-18; revised 11-2-17.)
 
24    Section 105. The Criminal Code of 2012 is amended by
25changing Section 9-1 as follows:
 

 

 

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1    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
2    Sec. 9-1. First degree murder; death penalties;
3exceptions; separate hearings; proof; findings; appellate
4procedures; reversals. First degree Murder - Death penalties -
5Exceptions - Separate Hearings - Proof - Findings - Appellate
6procedures - Reversals.
7    (a) A person who kills an individual without lawful
8justification commits first degree murder if, in performing the
9acts which cause the death:
10        (1) he either intends to kill or do great bodily harm
11    to that individual or another, or knows that such acts will
12    cause death to that individual or another; or
13        (2) he knows that such acts create a strong probability
14    of death or great bodily harm to that individual or
15    another; or
16        (3) he is attempting or committing a forcible felony
17    other than second degree murder.
18    (b) Aggravating Factors. A defendant who at the time of the
19commission of the offense has attained the age of 18 or more
20and who has been found guilty of first degree murder may be
21sentenced to death if:
22        (1) the murdered individual was a peace officer,
23    employee of an institution or facility of the Department of
24    Corrections, or any similar local correctional agency, or
25    fireman killed in the course of performing his official

 

 

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1    duties, to prevent the performance of his official duties,
2    or in retaliation for performing his official duties, and
3    the defendant knew or should have known that the murdered
4    individual was so employed a peace officer or fireman; or
5        (2) (blank); or the murdered individual was an employee
6    of an institution or facility of the Department of
7    Corrections, or any similar local correctional agency,
8    killed in the course of performing his official duties, to
9    prevent the performance of his official duties, or in
10    retaliation for performing his official duties, or the
11    murdered individual was an inmate at such institution or
12    facility and was killed on the grounds thereof, or the
13    murdered individual was otherwise present in such
14    institution or facility with the knowledge and approval of
15    the chief administrative officer thereof; or
16        (3) the defendant has been convicted of murdering two
17    or more individuals under subsection (a) of this Section or
18    under any law of the United States or of any state which is
19    substantially similar to subsection (a) of this Section
20    regardless of whether the deaths occurred as the result of
21    the same act or of several related or unrelated acts so
22    long as the deaths were the result of either an intent to
23    kill more than one person or of separate acts which the
24    defendant knew would cause death or create a strong
25    probability of death or great bodily harm to the murdered
26    individual or another; or

 

 

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1        (4) (blank); or the murdered individual was killed as a
2    result of the hijacking of an airplane, train, ship, bus or
3    other public conveyance; or
4        (5) (blank); or the defendant committed the murder
5    pursuant to a contract, agreement or understanding by which
6    he was to receive money or anything of value in return for
7    committing the murder or procured another to commit the
8    murder for money or anything of value; or
9        (6) (blank); or the murdered individual was killed in
10    the course of another felony if:
11            (a) the murdered individual:
12                (i) was actually killed by the defendant, or
13                (ii) received physical injuries personally
14            inflicted by the defendant substantially
15            contemporaneously with physical injuries caused by
16            one or more persons for whose conduct the defendant
17            is legally accountable under Section 5-2 of this
18            Code, and the physical injuries inflicted by
19            either the defendant or the other person or persons
20            for whose conduct he is legally accountable caused
21            the death of the murdered individual; and
22            (b) in performing the acts which caused the death
23        of the murdered individual or which resulted in
24        physical injuries personally inflicted by the
25        defendant on the murdered individual under the
26        circumstances of subdivision (ii) of subparagraph (a)

 

 

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1        of paragraph (6) of subsection (b) of this Section, the
2        defendant acted with the intent to kill the murdered
3        individual or with the knowledge that his acts created
4        a strong probability of death or great bodily harm to
5        the murdered individual or another; and
6            (c) the other felony was an inherently violent
7        crime or the attempt to commit an inherently violent
8        crime. In this subparagraph (c), "inherently violent
9        crime" includes, but is not limited to, armed robbery,
10        robbery, predatory criminal sexual assault of a child,
11        aggravated criminal sexual assault, aggravated
12        kidnapping, aggravated vehicular hijacking, aggravated
13        arson, aggravated stalking, residential burglary, and
14        home invasion; or
15        (7) the murdered individual was under 12 years of age
16    and the death resulted from exceptionally brutal or heinous
17    behavior indicative of wanton cruelty; or
18        (8) (blank); or the defendant committed the murder with
19    intent to prevent the murdered individual from testifying
20    or participating in any criminal investigation or
21    prosecution or giving material assistance to the State in
22    any investigation or prosecution, either against the
23    defendant or another; or the defendant committed the murder
24    because the murdered individual was a witness in any
25    prosecution or gave material assistance to the State in any
26    investigation or prosecution, either against the defendant

 

 

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1    or another; for purposes of this paragraph (8),
2    "participating in any criminal investigation or
3    prosecution" is intended to include those appearing in the
4    proceedings in any capacity such as trial judges,
5    prosecutors, defense attorneys, investigators, witnesses,
6    or jurors; or
7        (9) (blank); or the defendant, while committing an
8    offense punishable under Sections 401, 401.1, 401.2, 405,
9    405.2, 407 or 407.1 or subsection (b) of Section 404 of the
10    Illinois Controlled Substances Act, or while engaged in a
11    conspiracy or solicitation to commit such offense,
12    intentionally killed an individual or counseled,
13    commanded, induced, procured or caused the intentional
14    killing of the murdered individual; or
15        (10) (blank); or the defendant was incarcerated in an
16    institution or facility of the Department of Corrections at
17    the time of the murder, and while committing an offense
18    punishable as a felony under Illinois law, or while engaged
19    in a conspiracy or solicitation to commit such offense,
20    intentionally killed an individual or counseled,
21    commanded, induced, procured or caused the intentional
22    killing of the murdered individual; or
23        (11) (blank); or the murder was committed in a cold,
24    calculated and premeditated manner pursuant to a
25    preconceived plan, scheme or design to take a human life by
26    unlawful means, and the conduct of the defendant created a

 

 

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1    reasonable expectation that the death of a human being
2    would result therefrom; or
3        (12) (blank); or the murdered individual was an
4    emergency medical technician - ambulance, emergency
5    medical technician - intermediate, emergency medical
6    technician - paramedic, ambulance driver, or other medical
7    assistance or first aid personnel, employed by a
8    municipality or other governmental unit, killed in the
9    course of performing his official duties, to prevent the
10    performance of his official duties, or in retaliation for
11    performing his official duties, and the defendant knew or
12    should have known that the murdered individual was an
13    emergency medical technician - ambulance, emergency
14    medical technician - intermediate, emergency medical
15    technician - paramedic, ambulance driver, or other medical
16    assistance or first aid personnel; or
17        (13) (blank); or the defendant was a principal
18    administrator, organizer, or leader of a calculated
19    criminal drug conspiracy consisting of a hierarchical
20    position of authority superior to that of all other members
21    of the conspiracy, and the defendant counseled, commanded,
22    induced, procured, or caused the intentional killing of the
23    murdered person; or
24        (14) (blank); or the murder was intentional and
25    involved the infliction of torture. For the purpose of this
26    Section torture means the infliction of or subjection to

 

 

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1    extreme physical pain, motivated by an intent to increase
2    or prolong the pain, suffering or agony of the victim; or
3        (15) (blank); or the murder was committed as a result
4    of the intentional discharge of a firearm by the defendant
5    from a motor vehicle and the victim was not present within
6    the motor vehicle; or
7        (16) (blank); or the murdered individual was 60 years
8    of age or older and the death resulted from exceptionally
9    brutal or heinous behavior indicative of wanton cruelty; or
10        (17) (blank); or the murdered individual was a person
11    with a disability and the defendant knew or should have
12    known that the murdered individual was a person with a
13    disability. For purposes of this paragraph (17), "person
14    with a disability" means a person who suffers from a
15    permanent physical or mental impairment resulting from
16    disease, an injury, a functional disorder, or a congenital
17    condition that renders the person incapable of adequately
18    providing for his or her own health or personal care; or
19        (18) (blank); or the murder was committed by reason of
20    any person's activity as a community policing volunteer or
21    to prevent any person from engaging in activity as a
22    community policing volunteer; or
23        (19) (blank); or the murdered individual was subject to
24    an order of protection and the murder was committed by a
25    person against whom the same order of protection was issued
26    under the Illinois Domestic Violence Act of 1986; or

 

 

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1        (20) the murdered individual committed the murder was
2    known by the defendant to be a teacher or other person
3    employed in any school and the teacher or other employee is
4    upon the grounds of a school or grounds adjacent to a
5    school, or is in any part of a building used for school
6    purposes; or
7        (21) the murder was committed by the defendant in
8    connection with or as a result of the offense of terrorism
9    as defined in Section 29D-14.9 of this Code.
10    (b-5) Aggravating Factor; Natural Life Imprisonment. A
11defendant who has been found guilty of first degree murder and
12who at the time of the commission of the offense had attained
13the age of 18 years or more may be sentenced to natural life
14imprisonment if (i) the murdered individual was a physician,
15physician assistant, psychologist, nurse, or advanced practice
16registered nurse, (ii) the defendant knew or should have known
17that the murdered individual was a physician, physician
18assistant, psychologist, nurse, or advanced practice
19registered nurse, and (iii) the murdered individual was killed
20in the course of acting in his or her capacity as a physician,
21physician assistant, psychologist, nurse, or advanced practice
22registered nurse, or to prevent him or her from acting in that
23capacity, or in retaliation for his or her acting in that
24capacity.
25     (c) Consideration of factors in Aggravation and
26Mitigation.

 

 

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1    The court shall consider, or shall instruct the jury to
2consider any aggravating and any mitigating factors which are
3relevant to the imposition of the death penalty. Aggravating
4factors may include but need not be limited to those factors
5set forth in subsection (b). Mitigating factors may include but
6need not be limited to the following:
7        (1) the defendant has no significant history of prior
8    criminal activity;
9        (2) the murder was committed while the defendant was
10    under the influence of extreme mental or emotional
11    disturbance, although not such as to constitute a defense
12    to prosecution;
13        (3) the murdered individual was a participant in the
14    defendant's homicidal conduct or consented to the
15    homicidal act;
16        (4) the defendant acted under the compulsion of threat
17    or menace of the imminent infliction of death or great
18    bodily harm;
19        (5) the defendant was not personally present during
20    commission of the act or acts causing death;
21        (6) the defendant's background includes a history of
22    extreme emotional or physical abuse;
23        (7) the defendant suffers from a reduced mental
24    capacity.
25    Provided, however, that an action that does not otherwise
26mitigate first degree murder cannot qualify as a mitigating

 

 

HB4423- 49 -LRB100 15649 RLC 30750 b

1factor for first degree murder because of the discovery,
2knowledge, or disclosure of the victim's sexual orientation as
3defined in Section 1-103 of the Illinois Human Rights Act.
4    (d) Separate sentencing hearing.
5    Where requested by the State, the court shall conduct a
6separate sentencing proceeding to determine the existence of
7factors set forth in subsection (b) and to consider any
8aggravating or mitigating factors as indicated in subsection
9(c). The proceeding shall be conducted:
10        (1) before the jury that determined the defendant's
11    guilt; or
12        (2) before a jury impanelled for the purpose of the
13    proceeding if:
14            A. the defendant was convicted upon a plea of
15        guilty; or
16            B. the defendant was convicted after a trial before
17        the court sitting without a jury; or
18            C. the court for good cause shown discharges the
19        jury that determined the defendant's guilt; or
20        (3) before the court alone if the defendant waives a
21    jury for the separate proceeding.
22    (e) Evidence and Argument.
23    During the proceeding any information relevant to any of
24the factors set forth in subsection (b) may be presented by
25either the State or the defendant under the rules governing the
26admission of evidence at criminal trials. Any information

 

 

HB4423- 50 -LRB100 15649 RLC 30750 b

1relevant to any additional aggravating factors or any
2mitigating factors indicated in subsection (c) may be presented
3by the State or defendant regardless of its admissibility under
4the rules governing the admission of evidence at criminal
5trials. The State and the defendant shall be given fair
6opportunity to rebut any information received at the hearing.
7    (f) Proof.
8    The burden of proof of establishing the existence of any of
9the factors set forth in subsection (b) is on the State and
10shall not be satisfied unless established beyond a reasonable
11doubt.
12    (g) Procedure - Jury.
13    If at the separate sentencing proceeding the jury finds
14that none of the factors set forth in subsection (b) exists,
15the court shall sentence the defendant to a term of
16imprisonment under Chapter V of the Unified Code of
17Corrections. If there is a unanimous finding by the jury that
18one or more of the factors set forth in subsection (b) exist,
19the jury shall consider aggravating and mitigating factors as
20instructed by the court and shall determine whether the
21sentence of death shall be imposed. If the jury determines
22unanimously, after weighing the factors in aggravation and
23mitigation, that death is the appropriate sentence, the court
24shall sentence the defendant to death. If the court does not
25concur with the jury determination that death is the
26appropriate sentence, the court shall set forth reasons in

 

 

HB4423- 51 -LRB100 15649 RLC 30750 b

1writing including what facts or circumstances the court relied
2upon, along with any relevant documents, that compelled the
3court to non-concur with the sentence. This document and any
4attachments shall be part of the record for appellate review.
5The court shall be bound by the jury's sentencing
6determination.
7    If after weighing the factors in aggravation and
8mitigation, one or more jurors determines that death is not the
9appropriate sentence, the court shall sentence the defendant to
10a term of imprisonment under Chapter V of the Unified Code of
11Corrections.
12    (h) Procedure - No Jury.
13    In a proceeding before the court alone, if the court finds
14that none of the factors found in subsection (b) exists, the
15court shall sentence the defendant to a term of imprisonment
16under Chapter V of the Unified Code of Corrections.
17    If the Court determines that one or more of the factors set
18forth in subsection (b) exists, the Court shall consider any
19aggravating and mitigating factors as indicated in subsection
20(c). If the Court determines, after weighing the factors in
21aggravation and mitigation, that death is the appropriate
22sentence, the Court shall sentence the defendant to death.
23    If the court finds that death is not the appropriate
24sentence, the court shall sentence the defendant to a term of
25imprisonment under Chapter V of the Unified Code of
26Corrections.

 

 

HB4423- 52 -LRB100 15649 RLC 30750 b

1    (h-5) Decertification as a capital case.
2    In a case in which the defendant has been found guilty of
3first degree murder by a judge or jury, or a case on remand for
4resentencing, and the State seeks the death penalty as an
5appropriate sentence, on the court's own motion or the written
6motion of the defendant, the court may decertify the case as a
7death penalty case if the court finds that the only evidence
8supporting the defendant's conviction is the uncorroborated
9testimony of an informant witness, as defined in Section 115-21
10of the Code of Criminal Procedure of 1963, concerning the
11confession or admission of the defendant or that the sole
12evidence against the defendant is a single eyewitness or single
13accomplice without any other corroborating evidence. If the
14court decertifies the case as a capital case under either of
15the grounds set forth above, the court shall issue a written
16finding. The State may pursue its right to appeal the
17decertification pursuant to Supreme Court Rule 604(a)(1). If
18the court does not decertify the case as a capital case, the
19matter shall proceed to the eligibility phase of the sentencing
20hearing.
21    (i) Appellate Procedure.
22    The conviction and sentence of death shall be subject to
23automatic review by the Supreme Court. Such review shall be in
24accordance with rules promulgated by the Supreme Court. The
25Illinois Supreme Court may overturn the death sentence, and
26order the imposition of imprisonment under Chapter V of the

 

 

HB4423- 53 -LRB100 15649 RLC 30750 b

1Unified Code of Corrections if the court finds that the death
2sentence is fundamentally unjust as applied to the particular
3case. If the Illinois Supreme Court finds that the death
4sentence is fundamentally unjust as applied to the particular
5case, independent of any procedural grounds for relief, the
6Illinois Supreme Court shall issue a written opinion explaining
7this finding.
8    (j) Disposition of reversed death sentence.
9    In the event that the death penalty in this Act is held to
10be unconstitutional by the Supreme Court of the United States
11or of the State of Illinois, any person convicted of first
12degree murder shall be sentenced by the court to a term of
13imprisonment under Chapter V of the Unified Code of
14Corrections.
15    In the event that any death sentence pursuant to the
16sentencing provisions of this Section is declared
17unconstitutional by the Supreme Court of the United States or
18of the State of Illinois, the court having jurisdiction over a
19person previously sentenced to death shall cause the defendant
20to be brought before the court, and the court shall sentence
21the defendant to a term of imprisonment under Chapter V of the
22Unified Code of Corrections.
23    (k) Guidelines for seeking the death penalty.
24    The Attorney General and State's Attorneys Association
25shall consult on voluntary guidelines for procedures governing
26whether or not to seek the death penalty. The guidelines do not

 

 

HB4423- 54 -LRB100 15649 RLC 30750 b

1have the force of law and are only advisory in nature.
2(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
3100-513, eff. 1-1-18; revised 10-5-17.)
 
4    Section 110. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 113-3 and 119-1 as follows:
 
6    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
7    Sec. 113-3. (a) Every person charged with an offense shall
8be allowed counsel before pleading to the charge. If the
9defendant desires counsel and has been unable to obtain same
10before arraignment the court shall recess court or continue the
11cause for a reasonable time to permit defendant to obtain
12counsel and consult with him before pleading to the charge. If
13the accused is a dissolved corporation, and is not represented
14by counsel, the court may, in the interest of justice, appoint
15as counsel a licensed attorney of this State.
16    (b) In all cases, except where the penalty is a fine only,
17if the court determines that the defendant is indigent and
18desires counsel, the Public Defender shall be appointed as
19counsel. If there is no Public Defender in the county or if the
20defendant requests counsel other than the Public Defender and
21the court finds that the rights of the defendant will be
22prejudiced by the appointment of the Public Defender, the court
23shall appoint as counsel a licensed attorney at law of this
24State, except that in a county having a population of 2,000,000

 

 

HB4423- 55 -LRB100 15649 RLC 30750 b

1or more the Public Defender shall be appointed as counsel in
2all misdemeanor cases where the defendant is indigent and
3desires counsel unless the case involves multiple defendants,
4in which case the court may appoint counsel other than the
5Public Defender for the additional defendants. The court shall
6require an affidavit signed by any defendant who requests
7court-appointed counsel. Such affidavit shall be in the form
8established by the Supreme Court containing sufficient
9information to ascertain the assets and liabilities of that
10defendant. The Court may direct the Clerk of the Circuit Court
11to assist the defendant in the completion of the affidavit. Any
12person who knowingly files such affidavit containing false
13information concerning his assets and liabilities shall be
14liable to the county where the case, in which such false
15affidavit is filed, is pending for the reasonable value of the
16services rendered by the public defender or other
17court-appointed counsel in the case to the extent that such
18services were unjustly or falsely procured.
19    (c) Upon the filing with the court of a verified statement
20of services rendered the court shall order the county treasurer
21of the county of trial to pay counsel other than the Public
22Defender a reasonable fee. The court shall consider all
23relevant circumstances, including but not limited to the time
24spent while court is in session, other time spent in
25representing the defendant, and expenses reasonably incurred
26by counsel. In counties with a population greater than

 

 

HB4423- 56 -LRB100 15649 RLC 30750 b

12,000,000, the court shall order the county treasurer of the
2county of trial to pay counsel other than the Public Defender a
3reasonable fee stated in the order and based upon a rate of
4compensation of not more than $40 for each hour spent while
5court is in session and not more than $30 for each hour
6otherwise spent representing a defendant, and such
7compensation shall not exceed $150 for each defendant
8represented in misdemeanor cases and $1250 in felony cases, in
9addition to expenses reasonably incurred as hereinafter in this
10Section provided, except that, in extraordinary circumstances,
11payment in excess of the limits herein stated may be made if
12the trial court certifies that such payment is necessary to
13provide fair compensation for protracted representation. A
14trial court may entertain the filing of this verified statement
15before the termination of the cause, and may order the
16provisional payment of sums during the pendency of the cause.
17    (d) In capital cases, in addition to counsel, if the court
18determines that the defendant is indigent the court may, upon
19the filing with the court of a verified statement of services
20rendered, order the county Treasurer of the county of trial to
21pay necessary expert witnesses for defendant reasonable
22compensation stated in the order not to exceed $250 for each
23defendant.
24    (e) If the court in any county having a population greater
25than 2,000,000 determines that the defendant is indigent the
26court may, upon the filing with the court of a verified

 

 

HB4423- 57 -LRB100 15649 RLC 30750 b

1statement of such expenses, order the county treasurer of the
2county of trial, in such counties having a population greater
3than 2,000,000 to pay the general expenses of the trial
4incurred by the defendant not to exceed $50 for each defendant.
5    (f) The provisions of this Section relating to appointment
6of counsel, compensation of counsel, and payment of expenses in
7capital cases apply except when the compensation and expenses
8are being provided under the Capital Crimes Litigation Act of
92018.
10(Source: P.A. 91-589, eff. 1-1-00.)
 
11    (725 ILCS 5/119-1)
12    Sec. 119-1. Death penalty restored abolished.
13    (a) (Blank). Beginning on the effective date of this
14amendatory Act of the 96th General Assembly, notwithstanding
15any other law to the contrary, the death penalty is abolished
16and a sentence to death may not be imposed.
17    (b) All unobligated and unexpended moneys remaining in the
18Capital Litigation Trust Fund on the effective date of this
19amendatory Act of the 96th General Assembly shall be
20transferred into the Death Penalty Abolition Fund on the
21effective date of this amendatory Act of the 100th General
22Assembly shall be transferred into the Capital Litigation Trust
23Fund , a special fund in the State treasury, to be expended by
24the Illinois Criminal Justice Information Authority, for
25services for families of victims of homicide or murder and for

 

 

HB4423- 58 -LRB100 15649 RLC 30750 b

1training of law enforcement personnel.
2(Source: P.A. 96-1543, eff. 7-1-11.)
 
3    Section 115. The State Appellate Defender Act is amended by
4changing Section 10 as follows:
 
5    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
6    Sec. 10. Powers and duties of State Appellate Defender.
7    (a) The State Appellate Defender shall represent indigent
8persons on appeal in criminal and delinquent minor proceedings,
9when appointed to do so by a court under a Supreme Court Rule
10or law of this State.
11    (b) The State Appellate Defender shall submit a budget for
12the approval of the State Appellate Defender Commission.
13    (c) The State Appellate Defender may:
14        (1) maintain a panel of private attorneys available to
15    serve as counsel on a case basis;
16        (2) establish programs, alone or in conjunction with
17    law schools, for the purpose of utilizing volunteer law
18    students as legal assistants;
19        (3) cooperate and consult with state agencies,
20    professional associations, and other groups concerning the
21    causes of criminal conduct, the rehabilitation and
22    correction of persons charged with and convicted of crime,
23    the administration of criminal justice, and, in counties of
24    less than 1,000,000 population, study, design, develop and

 

 

HB4423- 59 -LRB100 15649 RLC 30750 b

1    implement model systems for the delivery of trial level
2    defender services, and make an annual report to the General
3    Assembly;
4        (4) hire investigators to provide investigative
5    services to appointed counsel and county public defenders;
6        (5) (blank);
7        (5.1) in cases in which a death sentence is an
8    authorized disposition, provide trial counsel with legal
9    assistance and the assistance of expert witnesses,
10    investigators, and mitigation specialists from funds
11    appropriated to the State Appellate Defender specifically
12    for that purpose by the General Assembly. The Office of
13    State Appellate Defender shall not be appointed to serve as
14    trial counsel in capital cases;
15        (5.5) provide training to county public defenders;
16        (5.7) provide county public defenders with the
17    assistance of expert witnesses and investigators from
18    funds appropriated to the State Appellate Defender
19    specifically for that purpose by the General Assembly. The
20    Office of the State Appellate Defender shall not be
21    appointed to act as trial counsel;
22        (6) develop a Juvenile Defender Resource Center to: (i)
23    study, design, develop, and implement model systems for the
24    delivery of trial level defender services for juveniles in
25    the justice system; (ii) in cases in which a sentence of
26    incarceration or an adult sentence, or both, is an

 

 

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1    authorized disposition, provide trial counsel with legal
2    advice and the assistance of expert witnesses and
3    investigators from funds appropriated to the Office of the
4    State Appellate Defender by the General Assembly
5    specifically for that purpose; (iii) develop and provide
6    training to public defenders on juvenile justice issues,
7    utilizing resources including the State and local bar
8    associations, the Illinois Public Defender Association,
9    law schools, the Midwest Juvenile Defender Center, and pro
10    bono efforts by law firms; and (iv) make an annual report
11    to the General Assembly.
12    Investigators employed by the Capital Trial Assistance
13Unit and Capital Post Conviction Unit of the State Appellate
14Defender shall be authorized to inquire through the Illinois
15State Police or local law enforcement with the Law Enforcement
16Agencies Data System (LEADS) under Section 2605-375 of the
17Civil Administrative Code of Illinois to ascertain whether
18their potential witnesses have a criminal background,
19including: (i) warrants; (ii) arrests; (iii) convictions; and
20(iv) officer safety information. This authorization applies
21only to information held on the State level and shall be used
22only to protect the personal safety of the investigators. Any
23information that is obtained through this inquiry may not be
24disclosed by the investigators.
25    (c-5) For each State fiscal year, the State Appellate
26Defender shall request a direct appropriation from the Capital

 

 

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1Litigation Trust Fund for expenses incurred by the State
2Appellate Defender in providing assistance to trial attorneys
3under paragraph (5.1) of subsection (c) and for expenses
4incurred by the State Appellate Defender in representing
5petitioners in capital cases in post-conviction proceedings
6under Article 122 of the Code of Criminal Procedure of 1963 and
7in relation to petitions filed under Section 2-1401 of the Code
8of Civil Procedure in relation to capital cases and for the
9representation of those petitioners by attorneys approved by or
10contracted with the State Appellate Defender and an
11appropriation to the State Treasurer for payments from the
12Trust Fund for the defense of cases in counties other than Cook
13County. The State Appellate Defender may appear before the
14General Assembly at other times during the State's fiscal year
15to request supplemental appropriations from the Trust Fund to
16the State Treasurer.
17    (d) (Blank).
18    (e) The requirement for reporting to the General Assembly
19shall be satisfied by filing copies of the report with the
20Speaker, the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act and filing such additional copies with the State Government
25Report Distribution Center for the General Assembly as is
26required under paragraph (t) of Section 7 of the State Library

 

 

HB4423- 62 -LRB100 15649 RLC 30750 b

1Act.
2(Source: P.A. 99-78, eff. 7-20-15.)
 
3    Section 995. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.